Novell antitrust case against Microsoft ends with a one juror deadlock
It seems like the current chapter in a dispute that is seven years old is coming to an end between Novell and Microsoft. Recently, Bill Gates testified in court after Novell accused Gates of anticompetitive practices to squeeze Novell out of the word processing market.
Last month, Novell stated that Microsoft stabbed the company in the back. The company alleges that Gates made it difficult for Novell to make WordPerfect compatible with Windows 95. Microsoft asserted that the demise of WordPerfect was Novell’s fault as the company couldn’t figure out a solution in time.
The case has now finally ended this week with a hung jury. According to Desert News [via PCMag], a 21-year-old security guard was the only person that couldn’t come down with a judgment against Microsoft.
The juror, Corbyn Alvey single-handedly kept Novell from being awarded as much as $1.3 billion from Microsoft through the suit.
Alvey stated:
I walk away feeling honestly myself, and I can’t speak for the other jurors, that I made the right decision even if it resulted in a hung jury… There were so many inferences that needed to be drawn that I felt that it was unfair to Microsoft to go out on a limb and say yes.
After being on the case for nearly two and a half months, all of the jurors were emotional from being away from their families. While the jurors wanted the case to be over they could not resolve the deadlock.
Jeff Johnson, Novell attorney told the judge, “We spent millions of dollars on this case… Give us one more day." Jury foreman, Carl Banks handed the judge a note reading, "I am sorry, very sorry we cannot come to one accord. I’ve done the best I know how."
Novell’s strongest evidence in the case was an email sent by Gates back in 1994, in which he wrote:
Wait until we have a way to do a high level of integration that will be harder for [the] likes of Notes, WordPerfect to achieve, and which will give Office a real advantage.
Novell is planning to pursue a re-trial and still maintains that that there is merit in its claims.
Related Posts:
